Preconstruction Conference Attachment 4.doc

FA4600-10-R-0006

Attachment 3

PRECONSTRUCTION CONFERENCE SUBJECTS

A. CORRESPONDENCE – GENERAL PROCEDURE

1. The Contractor is to address letters (original and three copies) directly to the Contracting Officer. No more than a single subject should be dealt with in any letter and each should contain a reference to the identifying contract number involved.

2. The Contracting Officer will reply to correspondence from or initiate correspondence directly to the Prime Contractor only.

3. Letters from the Contracting Officer to the contractor shall be signed only by the Contracting Officer.

4. All important oral instructions or rulings given by the Contracting Officer will be confirmed in writing. Similarly, for their own protection, the contractor should confirm in writing any important oral communication made concerning the contract work.

B. CONTRACTING OFFICER’S AUTHORIZED REPRESENTATIVES

ONLY THE CONTRACTING OFFICER HAS THE AUTHORITY TO BIND THE GOVERNMENT

The working relationship and responsibilities of the Contracting Officer, project supervisor, project inspector, Contractor’s superintendent, contractor, A/E consultants are outlined at the preconstruction conference.

The contractor will be notified in writing by the Contracting Officer of the names and responsibilities of the Contracting Officer’s authorized representatives.

The Contractor may consult (on technical matters only) with the Contracting Officer’s authorized representatives. Any discussion that would result in a change to the contract shall be terminated and a new discussion initiated to include the Contracting Officer.

The projects where A/E consultants provide construction review, the Contractor is not to consult or contract with the A/E consultants directly unless authority to do so is given in writing by the Contracting Officer.

C. PASSES FOR EMPLOYEES/VEHICLES

The prime contractor will be responsible for all passes (issuance and return) for their employees/vehicle and the employees/vehicles of their subcontractors. Final payment cannot be made until all passes are accounted for by the Contracting Officer.

D. LABOR STANDARDS PROVISIONS

(Provide Posters to Contractor at this time)

1. Minimum Wage Rates. The contract Project Manual, pursuant to Labor Standards Provisions, Davis-Bacon Act, itemize the minimum hourly rates to be paid laborers and mechanics who perform on-site work.

2. Posting of Minimum Wage Rates. Labor Standards Provisions require that Contract Minimum Wage Rates shall be prominently displayed at the job site.

3. Unlisted Classification. If a labor classification is employed which is not listed in the wage rate schedule, the contractor is required to request a conformance from the Department of Labor..

4. Overtime.

5. Apprentices.

6. Convict Labor.

7. Nondiscrimination in Employment. Importance of Equal Employment Opportunity compliance cannot be overemphasized.

8. Employee Interviews. The Contract Administrator/Contract Inspector will conduct interviews periodically with the contractor’s employees on the job, collecting information necessary to assure compliance with Labor Standards.

9. Physical Inclusion (See L-4 below).

E. PAYROLL REPORTS

The contractor shall promptly furnish to the Contracting Officer, and cause all subcontractors through the contractor to furnish in like manner, within 7 days after regular payment date of each weekly payroll, one copy of all payrolls covering payments to laborers and mechanics for on-site work. Payrolls are accompanied by a signed statement that Federal Labor Standards requirements have been complied with by completing “Statement of Compliance,” Form WH-348 (copy in Project Manual) or on reverse side of Payroll Form SH-347. Only one copy of each payroll and completed form is required. Failure to furnish payrolls on time may result in progress payments being delayed or partially withheld. Payrolls should be prepared as follows:

1. Number payrolls consecutively.

2. Date each payroll (for final payroll insert “Final” after date).

3. Show contract number, give brief description of work and name and location of project.

4. Prime contractor’s payroll need show only the name of the prime contractor. A subcontractor’s payroll should show the sub and prime contractor’s names. A sub-subcontractor’s payroll should show all three names, etc.

5. Show correct name of employee (show address and social security number on a one-line basis).

6. Insert employee’s labor classification exactly as shown in specifications. If an apprentice is employed, show apprenticeship period and that he is registered. Prior to employment of an apprentice, evidence of registration must be furnished.

7. In cases where an employee works more than one classification, each classification, together with hours worked and rate paid for each classification, is to be shown. However, at the option of the contractor, he may pay the higher of the scales for a period during which different classifications of work were performed by an individual, thus eliminating the need for a breakdown.

8. The exact number of straight tie hours worked and exact number of overtime hours worked must be properly broken down.

9. Show fringe benefits paid (to employee or fund). Fringe benefits are paid on straight time basis only.

10. Compute total earnings on the basis of the straight time rate for straight time hours worked and on the basis of the overtime rate for overtime hours worked. Include fringe benefits at straight time rate for each hour worked – straight time and overtime.

11. Show total earnings.

12. Show exact amount of F.I.C.A. and Withholding Tax.

13. If other deductions are made, they must be authorized and carefully itemized.

14. If deductions are made which require approval of the Secretary of Labor, a letter of approval from that Secretary must accompany initial payroll on which such deductions are shown.

15. A statement that Federal Labor Standards Requirements have been complied with must accompany each payroll submission.

16. If fringe benefits must be paid, a statement as to their distribution must accompany each payroll submission.

Incorrect or improperly prepared payrolls are not returned, but the contractor will be notified of errors and required to furnish a supplemental payroll correcting deficiencies.

F. INSPECTION

Inspection of the work being performed will be inspected by the Government. The contractor is required to be in compliance with the Specifications and Drawing for the project. The Government will be on site for all tests to be performed on the contract. The contractor, in writing, will provide at a minimum, 10 calendar days notice of their request for the final inspection.

G. UTILITIES AND STORAGE AREAS

If in the best interest of the Government, electricity and water may be made available to the contractor for the contract. In addition, the Government may provide a storage area for the contractor to work out of on the job site. If the contractor chooses to park a trailer on the jobsite, they will be responsible for any temporary electrical or phone hookup services.

H. GOVERNMENT FURNISHED PROPERTY

All Government furnished property provided to the contractor is the responsibility of the contractor until such time as the Governemnt accepts the project.

I. CHANGES

The terms and conditions of the contract reserve to the Contracting Officer the right to make changes in the contract within its scope if such changes become necessary. It is essential to formalize the proposed changes with a minimum of delay. The contractor is furnished with the details by the Contracting Officer of any proposed changes by means of revised plans and specifications and/or a letter describing them. If any monetary adjustments and/or contract time is involved, a detailed cost proposal, in triplicate, will be requested for submission by the contractor within a specified period of time, usually not to exceed 10 calendar days.

2. In order to permit the Contracting Officer to determine quickly whether or not a proposal is acceptable, it is essential that any proposal comply with the following basic requirements when unit prices either are not given in the contract or are for some reason inapplicable:

a. All proposals must be in detail, with itemized lists of material, equipment, labor, overhead, profit and bond markup. Each item must be listed as its estimated cost to the contractor. Labor must be itemized by craft and the hourly rate paid. If the cost of fringe benefits is not itemized, it is assumed that there is none or that it is included in the hourly rate shown.

b. In the event that it becomes necessary to delete work from the contract, the contractor may be required to separately justify tall costs for work performed on the deleted item (if any) as well as any cancellation costs for materials ordered but not used in the work.

c. All contract time extensions required as a result of a proposed change must be justified and supported in detail at the time of proposal.

3. Claims Information:

a. Claims and appeals relating to the contract will be processed in accordance with the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.);

b. The contractor is expected to promptly notify the Contracting Officer whenever they consider that a claim situation does or may exist. Under the terms and conditions of the contract, the Contractor is required to notify the Contracting Officer in writing in the following circumstances: where a change causes an increase or decrease in the cost of, or time required for, the performance of any contract work; whenever “differing site conditions” are encountered, before those conditions are disturbed; and where the Contractor considers that the performance of the work has been, for an unreasonable period of time, suspended, delayed, interrupted by an act of the Contracting Officer. Failure to provide timely notification of claim situations may preclude the Contractor from asserting his claims afterwards.

c. The Contracting Officer should be kept informed of all facts regarding disputes and possible claims as they become known. Early coordination of such information by the Contractor to the Government will increase the possibility that the dispute will be resolved with a minimum of difficulty and delay.

d. Generally, in order for the Government to make an informed judgment on any dispute, the following information will be necessary: the theory or basis for the Contractor’s position; the contract provisions, drawings, or specifications involved; facts and data pertinent to the matter; the specified relief being sought; and the basis for determining the dollar amount or time extension requested. If the dollar amount is claimed, the unit costs and measurements or quantities relevant to the dispute should be set forth.

e. The Contractor should permit the Government a reasonable time for review and disposition of the dispute. Where the dispute remains unresolved after such a time, and the Government has been provided with sufficient information regarding the matter to permit an informed review and disposition, the contractor may request a final decision by the Contracting officer. The contractor must request this decision in writing.

f. Where the claim is for more than $100,000 the Contractor must certify, in writing, that the claim is made in good faith, that the supporting data are accurate and complete to the best of the contractor’s knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the contractor believes the Government to be liable. This requirement, with the specific language cited above, is found in the Federal Acquisition Regulation (FAR) Part 33.

g. If the contractor is dissatisfied with the final determination of the Contracting Officer, he may appeal to the appropriate Board of Contract Appeals or to the United States Court of Claims, in accordance with the Contract Disputes Act. The Contractor will be advised of his rights and procedures concerning such appeals by the Contracting Officer, in the Findings of Fact and Determination.

4. General Requirements of the Contract Disputes Act:

a. The Contract Disputes Act establishes certain time limitation for the issuance of a Contracting Officer’s decision on a formal claim. According to the regulations presently in effect for claim of $100,000 or less, the Contracting Officer must issue his decision with 60 days after receipt of the claim. For a claim of over $100,000 the Contracting Officer must either issue his decision within 60 days of receipt of a submitted certified claim, or inform the contractor within that time as to when the decision will be issued. The Contracting Officer will have reasonable time to issue the decision in claims which are considered to be large or complex.

b. Where the Contracting Officer fails to issue his final decision with the time periods set forth in paragraph 4(a) above, the contractor may file his notice of appeal directly wit the Board of Contract Appeals or the Court of Claims as though his claim had been denied.

J. PAYMENTS TO THE CONTRACTOR

As a general policy, the Government makes progress payments monthly, based on the percentage of work performed.

On all contracts valued to exceed $100,000 or exceed 60 calendar days performance requires the submittal of a Progress Schedule (AF Form 3064). The Progress Schedule shall show all elements of work to be performed and the time period performed. At a convenient time each month, the contractor will discuss the percentage of work performed with the Contracting Officer’s representative (Inspector) and submit to the Contracting Officer an estimate of the amount of work completed for payment purposes (see Progress Schedule AF Form 3064/ProgressReport, AF Form 3065). If the contractor is behinf schedule and it is their fault, the Contracting Officer will retain up to 10% of the invoiced amount for that period. Once the contractor is no longer behind schedule, the Contracting Officer will determine if retainage will stop.

The Government has the right to offer material payments and to make payments for material that may cause undue financial hardship to the contractor (only large dollar items will be considered). The material shall be included on the Progress Schedule at the intervals of the estimated deliveries. Three conditions shall be met before payment can be made:

1) Materials delivered to the site or stored off the worksite must be in an approved locked storage facility.

2) shall be inventoried by the Government.

3) Paid invoices shall be submitted to the Government showing payment has been made to the supplier or manufacturer.

The Contracting Officer should note that the progress payments may be delayed if:

1. Defective and rejected work is not corrected.

2. Payroll submissions are not kept up-to-date and discrepancies in payrolls are not promptly corrected or reconciled.

The Final Payment shall not be paid unless the contract is 100% complete and the contractor has requested final payment and submitted a release of claims to the Contracting Officer. Final Payment will be a 30 calendar day payment.

K. SUBCONTRACTORS

The contractor, through his superintendent, shall be responsible for the control and coordination of his subcontractors. All instructions concerning the work being done by subcontractors will be given them through the contractor’s superintendent. For this reason, the superintendent’s presence is required on the job site during all working hours.

The prime contractor must perform at least the specified percentage of the work on site with his own organization in accordance with the requirement set forth in the terms and conditions of the contract. Note: Contracting Officer will discuss percentage of work by contractor at the Pre-performance Conference.

L. DOCUMENTS REQUIRED UNDER CONTRACT

The following information will be requested by the Contracting Officer and must be submitted by the contractor to the Contracting Officer for review before commencement of the work:

1. Name of Contractor’s Superintendent. Inasmuch as the Government has no contractual relations with the subcontractors, it is imperative that the prime contractor be represented on the jobsite during all working hours, either in person or by a fully qualified superintendent, authorized and empowered to act for him in all matters affecting the contract. Also, provide the name of an alternate site superintendent for situations where the prime site superintendent is away from the worksite for an extended period of time.

2. List of Subcontractors. The contractor is required to submit a list of all subcontractors to whom he proposed to award contracts (use SF 1413). The list shall include the names and addresses of all subcontractors and an exact description of the work proposed for award. After the list of subcontractors has been submitted, no changes are to be made in it without the approval of the Contracting Officer.

3. The Labor Standards Provisions of the prime contract must be physically included as part of each subcontract.

4. Contractors and sub-contractors using or proposing to use apprentices shall provide documents to show which program the individual is in, what point they are in the program, and the hourly rate they are being paid on the contract.

5. Liability Insurance coverage and Workman’s Compensation. The contractor must provide satisfactory evidence of possession of current and adequate coverage.

6. Lump Sum Breakdown. Submit, within 10 days after receipt of Notice to Proceed, to the Contracting Officer, a detailed cost breakdown of the major lump sum items in the Contract Bid Schedule. The breakdown should show the percentage relationship of each component to the lump sum as well as the dollar amount of each component cost. The purpose of the breakdown is to provide a guide for preparation of estimates of partial payments under the contract

8. Safety Program. Submit to the Contracting Officer at the preconstruction conference or no later than 10 days after the Notice to Proceed, a Safety Program tailored specific to the Contract. No site work shall begin, and no progress payments will be processed, until a satisfactory safety program is submitted.

M. SUBMITTALS FOR APPROVAL (SHOP DRAWINGS AND SAMPLES)

If the contract provides for the submission of shop drawings, samples, lists, and descriptive data for approval, it is highly important that these be transmitted as early as possible to the Contracting Officer, through his representative, in order to allow time for review and approval. Six copies of all submittals are furnished, unless the Contractor requires additional copies for his own use, in which case additional copies in the number required shall also be furnished. In order to expedite the review for approval, the contractor must ensure that the submittals are clearly marked to properly identify the specific items proposed.

The submittals are generally in one of four forms, and the following information for each is required:

1. Lists. Lists consist of itemizations of materials proposed for incorporation into the contract work and must include the names and addresses of the manufacturers, te catalog numbers, and trade names of the items listed.

2. Samples. Samples include items of the same size and quality of the material proposed for use, and must be properly identified by manufacturers’ names, catalog numbers, and trade names of material submitted.

3. Shop Drawings. Shop drawings must be complete and legible, drawn to scale and in detail, and must indicate material proposed of use in the manufacture of the item represented. Each drawing is to be numbered, dated and identified by the manufacturer’s name.

Any proposed changes, mechanical, structural, electrical, etc., must be submitted for approval. Such changes shall be drawn up completely and include the necessary details. Where changes in materials are requested, the product recommended must be clearly indicated and its favorable governing factors explicitly set forth. Features at variance with contract specification requirements shall be clearly noted.

Where certifications are required, each must certify to a specific item.

All submittals are to be referenced to the paragraph of the specifications to which they pertain, as well as the structure in which their use is proposed.

N. BASE RULES AND REGULATIONS

At all times the contractor shall conduct his operations in conformance with the rules and regulations of the United States Air Force and Offutt AFB.

O. SAFETY (SEE SAFETY BRIEFING)

P. SATURDAYS, SUNDAYS, HOLIDAYS AND NIGHT WORK

Work on Saturdays, Sundays, holidays, or at night may be performed only with prior consent of the Contracting Officer (a minimum of 48 hours in advance). In cases of bona fide emergencies, sound judgment shall be exercised.

Q. CONTRACT CLAUSES

The contractor should take the time to read and understand the following contract clauses. If they have any questions, please contact the Contracting Officer:

Construction Contract Clause(s) 52.236-1 – 52.236-19, and 52.236-21 Are there any additional questions?

Contracting Officer Date

Concur:

Contractor Date